Hi everyone, unfortunately my partner's ex did not send my step-son for access this weekend. Then yesterday he got an email stating that the reason that she did not send him was because she could not afford it. Their agreement states that she will send him down for access and my partner will pay for him to go home. He comes by Via train. She stated that she would not be paying for him to come to any access between now and the case conference.
My partner's schedule is weird he works 5 days on and 4 days off so he doesn't have regular every other weekend access - their agreement states that he's entitled to have their son Friday to Sunday when he's not working and if the parties cannot come to an agreement about the dates then he's entitled to a minimum of 2 weekends a month. He hasn't had access since the last weekend in August because of the way his schedule works and he's also supposed to have him this upcoming weekend.
He responded to her and asked if she could send him by Go train and then he would pay the fare both ways since it would work out to about the same amount as one way on the Via. She said no. He replied and said he would pick their son up and she said no she doesn't want him near their property and that the only way she will send him is if he pays for both ways on the Via. Then she added that if he pays for both ways he's showing that he can afford it while she can't and therefore she will be asking that their agreement be changed and that he pay for both ways all the time.
So our question is can he deal with this issue at the Case Conference even though its not something that was mentioned in the original paperwork? He's going to pay for him to come both ways this weekend and he has one more access before the case conference, but we just weren't sure if he can raise a completely new issue or not.
Thank you.
My partner's schedule is weird he works 5 days on and 4 days off so he doesn't have regular every other weekend access - their agreement states that he's entitled to have their son Friday to Sunday when he's not working and if the parties cannot come to an agreement about the dates then he's entitled to a minimum of 2 weekends a month. He hasn't had access since the last weekend in August because of the way his schedule works and he's also supposed to have him this upcoming weekend.
He responded to her and asked if she could send him by Go train and then he would pay the fare both ways since it would work out to about the same amount as one way on the Via. She said no. He replied and said he would pick their son up and she said no she doesn't want him near their property and that the only way she will send him is if he pays for both ways on the Via. Then she added that if he pays for both ways he's showing that he can afford it while she can't and therefore she will be asking that their agreement be changed and that he pay for both ways all the time.
So our question is can he deal with this issue at the Case Conference even though its not something that was mentioned in the original paperwork? He's going to pay for him to come both ways this weekend and he has one more access before the case conference, but we just weren't sure if he can raise a completely new issue or not.
Thank you.
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